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WAGNER BROS., INC. v. CITY OF WILLISTON

Civ. No. 10368.

335 N.W.2d 328 (1983)

WAGNER BROS., INC., a corporation, Plaintiff and Appellant, v. CITY OF WILLISTON, a North Dakota municipal corporation, Defendant, Third Party Plaintiff, and Appellee, v. WEBSTER, FOSTER and WESTON, Third Party Defendant and Appellee.

Supreme Court of North Dakota.

June 24, 1983.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellant; argued by Ward M. Kirby, Dickinson.

MacMaster & Bonner, Williston, for defendant, third party plaintiff, and appellee; argued by Margaret Bonner, Williston.

McGee, Hankla, Backes & Wheeler, Minot, for third party defendant and appellee; filed brief amicus curiae.

ERICKSTAD, Chief Justice.

The relevant facts in this case are not in dispute and thus can be briefly summarized. In 1978, the Environmental Protection Agency awarded the City of Williston (hereinafter City) a federal sewage work grant. Thereafter, on November 3, 1980, Wagner Brothers, Inc. (hereinafter Wagner) contracted with the City to perform the requisite construction work on the waste treatment improvements project. However, after commencing work on the project...

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